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HANDBOOK ON THE LANGUAGE OF DATA PROTECTION ON THE LANGUAGE OF DATA PROTECTION DATA OF LANGUAGE THE ON HANDBOOK HANDBOOK With fi nancial support from the Justice Programme of the European Union Avec le soutien fi nancier du Programme Justice de l’Union européenne HANDBOOK ON THE LANGUAGE OF DATA PROTECTION With financial support from the Justice Programme of the European Union Avec le soutien financier du Programme Justice de l’Union européenne HANDBOOK ON THE LANGUAGE OF DATA PROTECTION. Copyright Notice This Handbook has been compiled solely for educational purposes. All the texts and materials included in this Handbook, except where otherwise stated, are the exclusive Property of the European Judicial Training Network (EJTN). Absolutely no reproduction of the contents of this Handbook, in whole or in part, may be made without the express written permission of EJTN. Extracts of the Handbook may be reviewed, reproduced or translated for private study only. This excludes sale or any other use in conjunction with a commercial purpose. Any public legal use or reference to the Handbook should be accompanied by an acknowledgment of EJTN as the source and by a mention of the author of the text referred to. The contents and views expressed herein reflect only those of EJTN and the European Commission is not responsible for any use that may be made of these contents and views. European Judicial Training Network Réseau européen de formation judiciaire With financial support from the Justice Programme of the European Union Avec le soutien financier du Programme Justice de l’Union européenne ISBN-NUMBER: 97894640009179789464000924 FOREWORD OF THE EJTN’S SECRETARY GENERAL Development of language skills is essential to enable exchanges between judicial authorities and individual judges, prosecutors and court staff, paving the way for mutual trust and a better understanding of foreign legal and judicial systems.1 Thus, having a good command of a foreign language and its legal terminology should form an essential part of the training of the judiciary. The European Judicial Training Network (EJTN) has devoted attention to the design and implementation of advanced and technical language trainings, in order to complement and support the basic language training primarily provided by its Members at national level. In 2019, over 600 participants are expected to attend the eleven linguistics trainings and four Summer Schools offered by EJTN’s Linguistics Programme. EJTN’s added value notably lies in the tools provided to all its Members such as linguistic handbooks and glossaries, self-assessment tests and marked tests available as e-learning modules. This Handbook is one of such tools. It is the 1st edition of a linguistic handbook on data protection compiling the most relevant training materials used in EJTN linguistic courses delivered regularly in this area of law since October 2017. The European Union data protection legislative package adopted in May 2016 aims at making Europe fit for the digital age. More than 90% of Europeans say they want the same data protection rights across the EU regardless of where their data is processed2. With this publication we aim to help members of the judiciary to be fit to contribute to achieving this goal by correct understanding and application of relevant EU law instruments. Definitions, exercises and examination of real cases make the Handbook an invaluable, hands-on resource. On behalf of the EJTN, I would like to express my sincere gratitude to the authors of the texts and exercises in the Handbook for their dedicated work. I wish also to express appreciation to the EJTN Project Coordinator, Mr. Ondrej Strnad, for his dedication in carrying out the EJTN linguistic activities, as well as members of the EJTN Linguistic Sub-working Group, chaired by Ms. Renata Vystrčilová from the Czech Judicial Academy, which supervises all EJTN linguistic activities. Enjoy using this Handbook. Wojciech Postulski EJTN Secretary General 1 EJTN Strategic plan for 2021-2027 2 https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en 3 LIST OF AUTHORS, EDITOR AND COORDINATOR MOȚU, FLAVIUS IANCU Judge at the Specialized Court of Cluj, Trainer for the National Institute of Magistracy, Romania. PETRILÁKOVÁ, DENISA Linguist and methodology consultant with the National Judicial Academy of the Slovak Republic, trainer and content designer with the National Judicial Academy of the Czech Republic. Legal English lecturer at the Supreme Court and the Supreme Administrative Court of the Czech Republic. SAMANIEGO FERNÁNDEZ, EVA Lecturer of ESP, Legal English and Legal Translation. Departamento de Filologías Extranjeras, UNED, Spain. Sworn legal translator. Teacher of Legal English for the Spanish Council of the Judiciary, ERA and EJN/Eurojust. SIEROCKA, HALINA Assistant Professor at the Faculty of Law, University of Bialystok in Poland; lawyer-linguist, the head of the Białystok Legal English Centre, a member of EULETA (the European Legal English Teachers’ Association), an expert in legal discourse and translator. WALBAUM ROBINSON, ISABEL ALICE Lecturer of Legal English at the National School of the Judiciary, Naples, Italy. Retired from the University of Rome Three, School of Law (Università degli Studi di Roma Tre, Dipartimento di Giurisprudenza) as lecturer of English for Legal Studies. Editor: ISABEL ALICE WALBAUM ROBINSON Coordinator: STRNAD, ONDREJ Project Manager, Linguistics Portfolio, Programmes Unit, European Judicial Training Network. 4 TABLE OF CONTENTS UNIT 1. 6 Introduction to EU Data Protection Law and the Language of Data Protection: Reading, Vocabulary and Language Practice. UNIT 2. 28 Data Protection Regulations and Directives: Vocabulary Building, Language Form and Language Practice. UNIT 3. 40 The Language of Data Protection: Cases and Fundamental Concepts. ANSWER KEYS 52 GLOSSARY 59 SUMMARY OF CASES 62 BIBLIOGRAPHY 120 5 Unit 1 INTRODUCTION TO EU DATA PROTECTION LAW AND THE LANGUAGE OF DATA PROTECTI0N: READING, VOCABULARY AND LANGUAGE PRACTICE. A. On Data Protection Law. Flavius Iancu Motu Why have we chosen to protect personal data in the EU? “In ancient times, land was the most important asset, so politics was a struggle to control land. In the modern era, machines and factories became more important than land, so polit- ical struggles focused on controlling these vital means of production. In the twenty-first cen- tury, however, data will eclipse both land and machinery as the most important assets, and politics will be a struggle to control the flow of data. The race to obtain the data is already on, headed by data-giants such as Google and Facebook and, in China, Baidu and Tencent. So far, many of these giants seem to have adopted the business model of ‘attention merchants’. They capture our attention by providing us with free information, services, and entertain- ment, and then they resell our attention to advertisers. Yet the data-giants probably aim far higher than any previous attention merchant. Their true business isn’t to sell advertisements at all. Rather, by capturing our attention they manage to accumulate immense amounts of data about us, which are worth more than any advertising revenue. We aren’t their custom- ers—we are their product”. 3 What are ‘personal data’? Personal data are any data that allow our identification: name, personal identification number, image, fingerprints, DNA etc. Such data are intimately linked to every individual’s unique personality and, therefore, their processing is protected as a fundamental right by Article 8 (1) of the Charter of Fundamental Rights of the European Union and by Article 16 (1) of the Treaty on the Functioning of the European Union. Protecting the processing of personal data goes beyond merely defending one’s privacy: it prevents natural persons from becoming subjects of profiling and automated decisions, preserving their relevance as individuals in the ever-expanding global environment. The comprehensive scope of this legal notion has generated a vast CJEU case law: from the classic features of a natural person, such as his/her name, to the dynamic IP of that person’s computer, all the data that could lead to the identification of a natural person have been dubbed as ‘personal data’. 3 Yuval Noah Harari, 21 Lessons for the 21st Century, (Jonathan Cape 2018) 77-78. 6 B. The Language of Legal English and EU Data Protection English. Isabel Alice Walbaum Robinson Languages define personal identities, but they are also part of a shared inheritance. They can serve as a bridge to other peoples and cultures by promoting mutual understanding and a shared sense of European identity.4 The Handbook On the Language of Data Protection is another step in the direction of the fulfilment of the objectives laid down by the Roadmap on the European Judicial Training Strategy 2019-20255. One of the points highlighted by the Strategy specifies that “knowledge of foreign legal language is key to participation in cross-border activities and to smooth cross-border judicial proceedings and cooperation.” The European Commission’s multi- lingual policy for the learning of at least two additional languages other than the mother tongue is viewed as key to reaching the “united in diversity” objective. The co-existence of 24 official European languages is a powerful instance of unity in diversity and a cornerstone of the European project.6 Multilingualism is viewed as an added value for "languages unite people, render other countries and their cultures accessible and strengthen intercultural understanding." Moreover, "foreign language skills play a vital role in enhancing employability and mobility."7 Without knowledge of at least one or preferably two additional languages, particularly in the legal profession, mutual trust in cross-border exchanges and enhanced cooperation would perhaps not have taken off as successfully as they have. The context in which the European Judicial Training Network (EJTN) activity is carried out reflects the interests and need of EU judiciaries to develop mutual trust and recognition of judgments in the spirit of fostering communication and the sharing of professional work.